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HomeMy WebLinkAboutM061212 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 9:00 A.M.—CALL TO ORDER Call to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Yamaguchi Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. 1212-001 Corrections And/Or Changes To The Agenda. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, READ THE FOLLOWING CORRECTION INTO RECORD: IN ITEM 3.35 (THE FIRST RESOLUTION TO AMEND THE SALARY ORDINANCE) ON PAGE 13 OF THE AGENDA, UNDER THE PORTION RELATED TO DESS:THE TERM POSITION OF THE ADMINISTRATIVE ANALYST, SENIOR HAS A TERM DATE OF JUNE 30, 2013, NOT DECEMBER 31, 2013 AS SHOWN ON THE AGENDA. ITEM 3.19 (RESOLUTION TO PROMOTE WORKERS' COMPENSATION COVERAGE/PILOT PROGRAM)WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. ITEM 3.46 (FINAL DRAFT OF THE DELTA PLAN) WAS REMOVED FROM THE CONSENT AGENDA IN ORDER TO REVIEW AMENDMENTS AND ADDITIONS MADE TO THE ORIGINAL LETTER. THE AMENDED LETTER WAS PROVIDED TO THE BOARD AND POSTED TO THE WEB ON FRIDAY, JUNE 8, 2012. 1212-002 CONSENT AGENDA 1. California Department of Food and Agriculture - The 2011/12 Exotic Pest Detection Trapping revenue agreement is being amended to include the conversion to the new Statewide Trapping Grid from the outdated state plan coordinate system. The contract, in the amount of $70,024, is for placing and servicing traps for the detection of exotic pests, which are considered hazardous to agriculture and to the economy of California. Those insects may include, but are not limited to, Mediterranean Fruit Fly, Oriental Fruit Fly, Melon Fly, Gypsy Moth, and Japanese Beetle, and other invasive exotic pests. The agreement includes work associated with the detection of one or more life stages of the above target pests in California. (Agriculture) 2. California Department of Food and Agriculture - request for approval of a revenue agreement with the State for the Butte County Department of Agriculture to carry out the Pierce's Disease Control Program/Glassy-Winged Sharpshooter Program. The work plan includes activities such as special surveys of grapes, citrus crops, inspecting commercial carriers that ship nursery stock, plant products, and, if needed, Glassy-Winged Sharp Shooter pest control activities for local infestations.The program is designed to intensify efforts to prevent introduction and maintain control of the Glassy-Winged BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 Sharpshooters that have the potential to spread disease to agricultural crops and adversely affect the economy of Butte County and California. The maximum amount of this contract is $110,478 for two years,for fiscal year(FY) 2012-13 and FY 2013-14.The contract has been budgeted in the recommended FY 2012-13 budget. The California Department of Food and Agriculture will reimburse Butte County upon submittal of monthly invoices. 3. Durham Mosquito Abatement District - Government Code Section 26909(b)(3) allows Special Districts, with unanimous approval of both the governing board of the special district and the County Board of Supervisors, along with the recommendation of the County Auditor-Controller, to replace the annual audit with one performed less frequently. Durham Mosquito Abatement District is currently required to provide an annual audit of their general purpose Financial Statements to the County Auditor-Controller. The County Auditor-Controller has recommended a 2-year audit period based on the size of the District. The Durham Mosquito Abatement District adopted a resolution requesting 2-year audit period. (Auditor) 4. Unclaimed Property Tax Refunds - Revenue and Taxation Code Sections 5096-5108 provide legal authority and direction regarding Property Tax refunds. Section 5097 outlines the conditions under which refunds may be made. Section 5102 specifically addresses unclaimed amounts by stating: "Unclaimed amounts. If any payment may be refunded under this article and no claim is filed within the time allowed, the payment may be transferred to the County General Fund on order of the Board of Supervisors". The Auditor's office has verified that the identified refunds in the amount of $10,294.90 meet the requirements prescribed by Revenue and Taxation Code Section 5096-5108. (Auditor) 5. Mental Health Services Act (MHSA) Fiscal Year 2012-13 Plan Update - MHSA was approved by California voters in November 2004 and imposes a 1% income tax on personal incomes exceeding one million dollars. The act provides increased mental health services at the local level. With the changes in MHSA revenue streams and administrative structures at the State level, it is now the responsibility of local agencies to approve MHSA plan updates. For the FY 2012-13 update, Butte County Department of Behavioral Health (BCDBH) engaged the stakeholders in a clear and transparent process. Stakeholder input was gathered through a variety of committees. The draft plan was posted for public review and comment for 30 days. Notification of posting was electronically sent to the 850 recipients identified on the MHSA community contact list and public notification was posted in the community newspapers. A public hearing was held at the May 16, 2012 Behavioral Health Board (BHB) meeting. The BHB recommended this item be moved forward to the Board of Supervisors for approval. (Behavioral Health) 6. Thomas Michael Buckley, M.D. - Thomas Michael Buckley M.D. is a licensed medical doctor who provides services in the specialized field of psychiatry as required for adult clients at the BCDBH Oroville Adult Outpatient Clinic. BCDBH requests approval to renew their agreement with Dr. Buckley. The term of this agreement is July 1, 2012 through June 30, 2013. The maximum financial obligation under this agreement shall not exceed $54,000 (recommended department budget utilizing state and federal Medi-Cal funds). (Behavioral Health) 7. California Department of Health Care Services (DHCS) - The agreement will allow the State to claim additional mental health funds from the federal government without financial risk to counties. DHCS PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 now has the ability to claim and retain additional Federal Financial Participation (Federal Medicaid Reimbursement) based on the State's claiming of Certified Public Expenditures made by counties for mental health programs. The federal funds will be used by the State to cover State budget shortfalls in the Medi-Cal program. DHCS will not seek financial reimbursement from the County for any federal disallowance or deferral as a result of this agreement. BCDBH requests approval of the agreement with DHCS to specify the terms in which DHCS can claim additional reimbursement. This agreement covers the period of February 1, 2010 through October 31, 2015. (Behavioral Health) 8. Families First, Inc. - Families First, Inc. offers mental health treatment, foster care, and social services that help families recover from trauma, abuse, and addiction. It offers a comprehensive network of coordinated services designed to aid children, adolescents, and families at all levels of need. Families First, Inc. provides a living environment for severely emotionally disturbed children, ages 8 through 18, who are not able to succeed in family situations, foster homes, group homes, and/or lower levels of care. The youth served by Families First, Inc. have significant mental, behavioral and/or emotional disorders that result in the need for 24/7 supervision in conjunction with intensive mental health services. BCDBH requests approval to amend its agreement with Families First, Inc. The amendment will add additional mental health services and medication support services. The term of this agreement remains July 1, 2011 to June 30, 2012. The maximum financial obligation shall not exceed $100,081.43. This is an increase of $41,263.96 (department budget utilizing state and federal Medi-Cal funds) (Behavioral Health) 9. A.A. Mental Health Resources, Inc. - Dr. Adegoke Adeyemo of A.A. Mental Health Resources, Inc. is a licensed physician and surgeon who is experienced in the delivery of psychiatric services through telepsychiatry, whereby clients receive psychiatric services by video-conferencing. Telepsychiatry has been growing in acceptance and usage over the past decade as a means of serving people living in areas where psychiatrists are unavailable or in short supply. Dr. Adeyemo's services will supplement those of other Butte County psychiatrists. BCDBH requests to amend its agreement with Dr. Adeyemo - A.A. Mental Health Resources, Inc. for additional telepsychiatric services in FY 2011-12. The term of this agreement will remain July 1, 2011 through June 30, 2012. The maximum financial obligation under this agreement shall not exceed $130,963.06. This is an increase of$22,963.06 (department budget utilizing state and federal Medi-Cal funds). (Behavioral Health) 10. LocumTenens.Com, LLC. - LocumTenens is a physician recruiting agency that provides psychiatrists for placement at commercial and government facilities on a short-term basis. Due to the shortage of psychiatrists, BCDBH entered into an agreement with LocumTenens to supply a psychiatrist (Provider), who began working 40 hours per week at the BCDBH Paradise Adult Center on February 23, 2012. Due to the professionalism and performance of the Provider, BCDBH is interested in buying out the Provider's employment contract (Recruitment Fee) with LocumTenens in order to contract directly with the Provider long-term. BCDBH weighed the benefits of contracting directly with the Provider and found the County would benefit clinically as well as fiscally by saving $35 per hour, the difference between the LocumTenens rate of $185 per hour and BCDBH rate of $150 per hour. The total cost of the Recruitment Fee will be $20,000, which will be recouped by BCDBH in the Providers first fourteen weeks of service as a Butte County contract Provider due to the reduced hourly rate. BCDBH requests approval from the Board to amend the agreement with LocumTenens to cover additional service hours through June 30, 2012 and to add $20,000 to cover the cost of the Recruitment Fee for Carolyn S. Mohr, PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 MD (Dr. Mohr). The term of the agreement will remain January 17, 2012 through June 30, 2012. The maximum financial obligation under this agreement shall not exceed $156,000, which is an increase of $131,000 for FY 2011-12 (department budget utilizing state and federal Medi-Cal funds) (Behavioral Health) 11. George Richard Heitzman, M.D. - George Richard Heitzman, M.D., is a licensed medical doctor who provides services in the specialized field of psychiatry as required for adult clients at the BCDBH Oroville Adult Outpatient Clinic. BCDBH requests approval to renew the agreement with Dr. Heitzman.The term of this agreement is July 1, 2012 through June 30, 2013. The maximum financial obligation under this agreement shall not exceed $160,515 (recommended department budget utilizing state and federal Medi-Cal). (Behavioral Health) 12. Resolution Establishing a Change (Imprest Cash) Fund - BCDBH requests approval to establish a change fund for the department in the amount of $1,000, to be divided among ten clinic/office locations at $100 each. This change fund has become increasingly necessary for the efficiency of the department's day-to-day operations, as billing for departmental services has begun in earnest and payments are being accepted at most BCDBH clinic/office locations. Establishment of this fund will allow for better cash handling practices at both the department level and the county level, with more payments able to be accepted, processed and routed to the County Treasurer, thus increasing the revenue-generating ability of the department. California Government Code, Section 29320 et seq. provides for the establishment of revolving funds in amounts determined by resolution of the Board of Supervisors. (Behavioral Health) 13. Thomas Lancaster M.D. -Thomas Lancaster. M.D. is a licensed medical doctor, who provides services in the specialized field of psychiatry as required for adult clients at the BCDBH Psychiatric Health Facility and participates in after-hours and on-call shifts on a rotating schedule. BCDBH requests approval to renew the agreement with Dr. Lancaster. The term of the agreement is July 1, 2012 through June 30, 2013. The maximum financial obligation under this contract shall not exceed $385,875 (recommended department budget utilizing state and federal Medi-Cal). (Behavioral Health) 14. J. Gregory Long, M.D. -J. Gregory Long, D.O. is a licensed physician and surgeon who provides medical work in the specialized field of psychiatry as required for clients of BCDBH. BCDBH requests approval to renew the agreement with Dr. Long. The term of this agreement is July 1, 2012 through June 30, 2013. The maximum financial obligation under this agreement shall not exceed $333,375 (recommended department budget utilizing state and federal Medi-Cal). (Behavioral Health) 15. Sierra-Cascade Research Associates, Inc. - Gerald E. Maguire, M.D. of Sierra-Cascade Research Associates, Inc. is a licensed medical doctor, who provides services in the specialized field of psychiatry as required for adult clients at the BCDBH Paradise Treatment Center. BCDBH requests approval to renew an agreement with Sierra-Cascade Research Associates. The term of this agreement is July 1, 2012 through June 30, 2013. The maximum financial obligation under this agreement shall not exceed $47,250 (recommended department budget utilizing state and federal Medi-Cal). (Behavioral Health) 16. Steiner Medical Registry, Inc. - Matthew Steiner, M.D. of Steiner Medical Registry, Inc. is a licensed physician and surgeon experienced in the delivery of psychiatric services through telepsychiatry, whereby clients receive psychiatric services by video-conferencing. Dr. Steiner's services will PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 supplement those of other Butte County psychiatrists. BCDBH requests approval to renew an agreement with Steiner Medical Registry, Inc., dba Western Medical Registry. The term of this agreement is July 1, 2012 through June 30, 2013. The maximum financial obligation under this agreement shall not exceed $288,750 (recommended department budget utilizing state and federal Medi-Cal). (Behavioral Health) 17. Gallina, LLP - request to approve an agreement for annual audit services between the County of Butte and the accounting firm Gallina, LLP. The agreement provides for three years of audit services for fiscal years ending June 30, 2012, 2013, and 2014. The maximum payable is $91,520 for each fiscal year. This amount is anticipated in the recommended budget for next fiscal year. On March 8, 2012, requests for proposals were sent to local and regional accounting firms that perform governmental auditing services. One proposal was received from Gallina, LLP, and subsequently reviewed by the County Audit Committee. The Audit Committee consists of a Member of the Board of Supervisors, Auditor-Controller, Treasurer-Tax Collector, Chief Administrative Officer and Chief Financial Officer. The decision by the Audit Committee was to retain the services of Gallina, LLP, the firm that has provided the annual audit service for the last six years. After review of the proposal, the Audit Committee recommends that the County contract with Gallina, LLP, to conduct the annual audit services for the next three years. No appropriation is needed at this time. (Behavioral Health) 18. Chico Research Foundation -As a result of a lawsuit filed by inmates in the Jail in 1984 (Jones v. Brooks, Sup. Ct. Case No. 084429), the County and the inmates entered into a court-ordered Consent Decree that is under the jurisdiction of the Butte County Superior Court. In accordance with the County's obligation to provide inmates with "meaningful access to the courts," the Consent Decree requires that the Jail maintain a law library that is staffed by Legal Research Assistants (LRAs) who are Chico State students participating in the University's paralegal program. The agreement establishes that the LRAs are employees of the Research Foundation and are covered by the Foundation' workers' compensation. The agreement provides that the LRAs are to be paid $8.50 per hour, or the then applicable minimum wage, and that the total amount to be paid by the County shall not exceed $38,514 (recommended department budget). This the same amount allowed under previous agreements. The term of the agreement is July 1, 2012 through June 30, 2013. (County Counsel) 19. Agreement with Department of Employment and Social Services (DESS) - For FY 2011-12, the State adopted its budget on certain revenue projections and if the revenues were not realized by December 2011, then planned automatic cuts (or "trigger cuts") were included in the state's adopted budget. The revenues were not realized and IHSS Fraud Investigations were included in tier one of the state budget cuts. Like many counties, at the start of the fiscal year, Butte County continued IHSS Fraud Investigations hoping revenues would be realized. The District Attorney's Office, in concurrence with DESS, discontinued the IHSS Fraud Investigations program on January 20, 2012. Reimbursement of expenditures from July 1, 2011 to the program end date was uncertain when the automatic cuts were made. Between March and April, the State clarified that counties could request the pass-through of federal funds which support 50%of the program. In order to claim the federal portion, the State needs an authorized MOU. Upon the Board of Supervisor's authorization of the attached MOU, claims may be made to recover 50%of the IHSS Fraud Investigation expenses or$33,107. (District Attorney) 20. Budget Adjustment - In late 2011, the Board of Supervisors adopted a resolution to relocate the Victim PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 Witness Services Program from the Probation Department to the District Attorney's Office and authorized initial budget adjustments to provide for a facilities project which included creation of new Victim Witness Assistance Center. The District Attorney transferred funds within the Victim Witness budget to fund the emergent project. Restoration of funding to those accounts requires a budget adjustment in the amount of$25,000 to be funded from Victim Witness restricted cash with no impact to the General Fund. (District Attorney) 21. Counseling Solutions - The Director of the Department of Employment and Social Services (DESS) requests approval for the agreement with Counseling Solutions to provide parent education and counseling to parents and families in the child welfare system.The term of the agreement is July 1, 2012 to June 30, 2014 with a maximum payable amount of $220,160 ($110,080 per fiscal year). (recommended department budget utilizing Child Welfare Services Allocation funds). (Employment and Social Services) 22. California Security Services, Inc. - On April 20, 2012, DESS released a Request for Proposal (RFP) for security services for all department facilities in Oroville and Chico. Nine bids were received and opened on May 10, 2012. Four bidders submitted the required proposal documents for consideration. The lowest responsible and responsive bidder was California Security Services, Inc. DBA Elite Universal Security in the amount of $196,875 per year for a period of three years, with optional two year extension. The total three- year cost for this agreement is $590,625. (recommended department budget). (Employment and Social Services) 23. Northern California Youth and Family Programs - request for approval for the agreement with Northern California Youth and Family Programs to be one of two providers of the Transitional Housing Placement - Plus (THP-Plus) Program in addition to providing the Independent Living Program Services Oversight of all THP-Plus participants. The THP-Plus Program was established by the California State Legislature in 2001 and provides affordable housing and comprehensive supportive services for up to 24 months to help former foster care and probation youth, ages 18 to 24, make the successful transition from foster care, or other out of home placement, to independent living.The term of the agreement is July 1, 2012 through June 30, 2013, with a maximum contract amount of $169,200. (recommended department budget utilizing state funds). (Employment and Social Services) 24. Youth for Change - request for approval for the agreement with Youth for Change to be one of two providers of the Transitional Housing Placement - Plus (THP-Plus) Program. The term of the agreement is July 1, 2012 through June 30, 2013, with a maximum payable amount of $155,800 (recommended department budget utilizing state funds). (Employment and Social Services) 25. National Council on Crime and Delinquency (NCCD) - request for approval to renew the Reporting Service Agreement with NCCD for access to their SafeMeasures Program. SafeMeasures is an Internet based report program that provides information to child welfare departments to be used by administrators and supervisors to monitor case loads. The reports are prepared using data from the Child Welfare Services Case Management System. This information is essential to child welfare departments to assure compliance with State and federal laws and regulations. The term of the agreement is July 1, 2012 through June 30, 2014. The maximum amount shall not exceed $77,950 ($38,975 for FY 2012-13 and FY 2013-14). (recommended department budget utilizing Child Welfare PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 Service funds). (Employment and Social Services) 26. Seneca Family of Agencies - request for approval for the agreement with Seneca Family of Agencies for the provision of the Relative Locator Program for Foster Youth. This program is used to help locate relatives for older foster youth who are ready to graduate from the foster care system to independent living and foster youth where a relative placement or contact cannot be immediately identified. The term of the agreement is July 1, 2012 through June 30, 2013. The maximum amount of the agreement shall not exceed $40,000. (recommended department budget utilizing grant funds).(Employment and Social Services) 27. Lease Amendment - Enloe Medical Center - The Butte County Behavioral Health Department (BCDBH) occupies approximately 16,980 square feet of a leased facility located at 560 Cohasset Road in Chico, under a ten-year lease with a planned termination date of September 30, 2020.The Department wishes to extend the term to expire September 30, 2030,to take advantage of additional funding opportunities available only in buildings with a minimum of a 20-year term. The agreement does include the ability to terminate early due to a lack of funding in future years. The original lease rate of$0.80 per square foot totaling $13,584 per month will continue to remain flat until the original expiration date and will then increase to cover anticipated utilities cost increases to $0.92 per square foot for a total monthly payment of $15,621.60, for the balance of the term. Funding for the lease is included in the BCDBH operating budget and requires no additional appropriation. (General Services) 28. Lease Origination -T.W. DuFour&Associates, L.P. -The Administration Support Division (ASD) of BCDBH has been occupying 11,583 square feet of space in 109 Parmac Road, Suite 1 in Chico, in hold over status while longer range departmental goals have been under consideration. Now, staff recommends that the County secure occupancy through a 14-month lease with a planned termination date of August 31, 2013. The existing rate of$1.2764335, for a total lease payment of $14,784.93 after rounding, will remain in effect for the entire term of the new lease. Funding for this lease is identified within the BCDBH operating budget and requires no additional appropriation. (General Services) 29. Lease Origination - T.W. Du Four & Associates, L.P. - BCDBH Administrative Office has been occupying 2,100 square feet of space in 109 Parmac Road, Suite 2 in Chico, in hold over status while longer range departmental goals have been under consideration. Now, staff recommends that the County secure occupancy through a 14-month lease with a planned termination date of August 31, 2013. The existing rate of$1.3336, for a total lease payment of $2,800.56, will remain in effect for the entire term of the new lease. Funding for this lease is identified within the BCDBH operating budget and requires no additional appropriation. (General Services) 30. Lease Origination -T.W. Du Four & Associates, L.P. - BCDBH has been operating youth related programs in 9,000 square feet of space in 500 Cohasset Road, Suites 15-20, in hold over status while longer range departmental goals have been under consideration. Now, staff recommends that the County secure occupancy through a 30 month lease with a planned termination date of December 31, 2014. The existing rate of$1.4011633, for a total lease payment of$12,610.47 after rounding, will remain in effect for the entire term of the new lease. Funding for this lease is identified within the BCDBH operating budget and requires no additional appropriation. (General Services) PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 31. Award of Contract for Remodel Construction and Amendment to Professional Services Contract for Public Health Lab - The Capital Improvement Program (CIP) adopted March 29, 2011 includes the remodeling of the County-owned Public Health Laboratory at 695 Oleander Avenue in Chico,to improve compliance with new regulatory requirements and changes in the Americans with Disabilities Act. Invitation for Bids (IFB) No. 96-12 was issued to solicit formal bids for this project. A Notice to Contractors was published in the Enterprise Record, and documents were sent to all Plan Rooms on our vendor list. Four contractors submitted bids as follows: Billson Construction, $471,052.25; Slater and Sons,- $539,000; Randy Hill Construction, $612,000; and United Building $655,007. Staff recommends that the construction contract be awarded to Billson Construction Company, Inc., from Chico. Additionally, the design contract with Griffith Architects, Inc. must be amended to provide for an increase in the scope of work and to extend the contract through the construction process. This amendment will increase the maximum amount payable by $14,388 and will extend the completion date to May 11, 2013.(General Services) 32. Adoption of the Contracts/Procurement Sunset Pilot Project Ordinance Adding Chapter 51 to the Butte County Code - On May 22, 2011, the Board of Supervisors introduced the Contracts / Procurement Sunset Pilot Project Ordinance. At that time, the Board directed staff to decrease levels of authority in Sections 51-9(a) and (b). Staff made the changes and now requests that the Board adopt the ordinance allowing the County to formally develop improved contracting and procurement processes in a controlled environment. (General Services) 33. Franklin Construction - As part of the Neal Road Landfill Gas to Energy Facility project the County is responsible for extending the gas line to the energy facility and installing a condensate sump. The County contracted with Franklin Construction for excavation work involved in the project. Now, additional specialized rock trenching expertise is required and the scope of work requires amendment to successfully complete the project. Staff requests approval for an amendment increasing the contract from $24,975 to a not-to-exceed amount of $39,375 (department budget) and extending the term through until June 30, 2012 to allow completion of the project. (General Services) 34. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: Library, Sheriff, District Attorney, Probation, Behavioral Health, Department of Employment and Social Services (DESS), Public Health, Human Resources and General Services. These changes will increase the total allocations by seven (7) positions. Library: The Library is requesting to extend two (2) sunset positions of Library Assistant with a sunset date of June 30, 2012 to June 30, 2013. These positions will continue to be fully funded by the City of Chico for the Chico Library. This change will leave the total allocations in the department unchanged and is included in the FY 2012-13 Recommended Budget. Sheriff: The Sheriff's Department is requesting to extend the following sunset positions to June 30, 2013: Position Classification 2 Sheriffs Clerk III/II/I (position to end 06/30/13) 1 Sheriff's Sergeant (position to end 06/30/13) 5 Deputy Sheriff (position to end 06/30/13) 1 Public Safety Dispatcher (position to end 06/30/13) 1 Crime Prevention Officer (position to end 06/30/13) In addition, the department is requesting to add seven (7) Sheriff Security Officer positions. The FY 2012-13 PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 Recommended Budget includes funding for eight (8) of these positions to work in the Courts. The Court has offered to fund some of these positions that can be hired via MOU before July 1, 2012 to help ease the transition. The Sheriff's Office is requesting these positions to help facilitate hiring and training of new staff. These positions will be funded by the Courts in the current year and will be funded with State funds in future years. These changes will increase the total allocations in the department by seven (7) allocated positions and are included in the FY 2012-13 Recommended Budget. These changes will have no fiscal impact on the County General Fund. District Attorney: The District Attorney's Office is requesting to extend the following sunset positions to June 30, 2013: Position Classification 1 Investigator II/1 (position to end 06/30/13) 2.5 Investigative Assistant (position to end 06/30/13) .5 Paralegal (position to end 06/30/13) 1 Office Specialist, Senior/Office Specialist/Office Assistant (position to end 06/30/13) These changes will leave the total allocations in the department unchanged and are included in the FY 2012-13 Recommended Budget. Probation: The Probation Department is requesting to extend the following sunset positions to June 30, 2013 unless otherwise specified below: Position Classification 1 Legal Office Specialist (position to end 06/30/13) 4 Probation Officer 111/11/1 (position to end 06/30/13) 1 Probation Officer 111/11/1 (position to end 09/30/13) 1 Probation Technician (position to end 09/30/13) These changes will leave the total allocations in the department unchanged and are included in the FY 2012-13 Recommended Budget. Behavioral Health:The Behavioral Health Department is requesting to extend one (1) sunset position of Mental Health Clinician 11/1 with a sunset date of June 30, 2012 to June 30, 2013. In addition the department is requesting to delete one (1) vacant position of Accountant, Senior/Accountant and add one (1) flexibly staffed position of Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate. The duties of the business section in the department are better reflected in the Administrative Analyst classifications. These changes will leave the total allocations in the department unchanged and are included in the FY 2012-13 Recommended Budget. DESS: requests to extend one (1) term position of Administrative Analyst, Senior with a term date of December 31, 2012 to , June 30, 2013. This change will leave the total allocations in the department unchanged and is included in the FY 2012-13 Recommended Budget. Public Health: The Public Health Department is requesting to extend the following sunset positions to June 30, 2013: Position Classification 3 Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate (position to end 06/30/13) 1 Butte County Children and Families Commission Director (position to end 06/30/13) These changes will leave the total allocations in the department unchanged and are included in the FY 2012-13 Recommended Budget. Human Resources: The Human Resources Department is requesting to delete the classifications of Bridge Maintenance Worker Lead, Bridge Maintenance Worker Senior, Bridge Maintenance Worker, Tree Trimmer Lead, Tree Trimmer Senior and Tree Trimmer from Section 57, Reference C of the Salary Ordinance titled, ?BCEA-General Unit.? The duties and functions listed in these job specifications were consolidated into the Road Maintenance Worker classification series to help facilitate cross training opportunities within the department. All incumbents in these classifications will be retitled to the appropriate Road Maintenance Worker series classification. These changes were agreed upon by both PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 the Human Resources Department and the applicable Employee Association. These changes will have no fiscal impact on the County General Fund. General Services: The General Services Department is requesting to extend one (1) term position of Project Manager, Capital Improvement with a sunset date of June 30, 2012 to June 30, 2013. This change will leave the total allocations in the department unchanged and is included in the FY 2012-13 Recommended Budget. Public Works: Concurrent with the Human Resources Department request above, the Public Works Department is requesting to change the title of the following allocations: Position Current Allocation New Allocation 1 Bridge Maintenance Worker, Lead Road Maintenance Worker, Lead 4 Bridge Maintenance Worker, Senior/Bridge Maintenance Worker/Road Maintenance Assistant Road Maintenance Worker, Senior/Road Maintenance Worker/Road Maintenance Assistant 1 Tree Trimmer, Lead Road Maintenance Worker, Lead 3 Tree Trimmer, Senior/Tree Trimmer/Road Maintenance Worker, Senior/Road Maintenance Worker/Road Maintenance Assistant Road Maintenance Worker, Senior/Road Maintenance Worker/Road Maintenance Assistant These changes will leave the total allocations in the department unchanged and will have no fiscal impact on the County General Fund. (Human Resources) 35. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: Human Resources and General Services. These changes will increase the total allocations by five (5) positions immediately, with the elimination of three (3) positions effective September 1, 2012, as contained in the FY 2012-13 Recommended Budget. Human Resources: The Human Resources Department is requesting to add the classifications of Contracts/Procurement Agent, Senior and Contracts/Procurement Agent to Section 57, Reference E of the Salary Ordinance titled, ?Management, Confidential and Supervisory (BCMEA) Unit Classifications.? The salary ranges for the classifications shall be set at 49 (Biweekly salary: $1,874.72-$2,512.30) and 45 (Biweekly salary: $1,698.40-$2,276.02) respectively. The department also requests to add the classification of Contracts/Procurement Agent, Associate to Section 57, Reference C of the Salary Ordinance titled, ?BCEA-General Unit.? The salary range for this classification shall be set at 41 (Biweekly salary: $1,508.55-$2,021.60). In addition the department requests to re-title the Contracts Manager classification to Contracts/Procurement Manager. This title change will better reflect the duties being performed by the incumbent and provide job title consistency throughout the newly created classification series. General Services: Concurrent with the request by Human Resources Department above, the General Services Department is requesting to add one (1) position of Contracts/Procurement Agent, Senior and two (2) positions of Contracts/Procurement Agent. The current job classifications do not encompass all tasks required on a daily basis to complete both the contracting and procurement functions and do not meet the operational needs of the department. The net changes in salary and benefit costs will result in a savings of $7,535. In addition the department requests to add two (2) term positions of Contracts/Procurement Agent, Associate with a term date of June 30, 2013. The department is unable to keep up with the existing contract/procurement workload forcing the use of approximately 1.5 Full PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 Time Equivalent (FTE) positions in the past year on an ad hoc basis. Adding two (2) Limited Term positions until June 30, 2013, will allow the Department to eliminate ad hoc labor and to implement procedures that will reduce routine workload within the department to a manageable level without additional resources. Replacing the 1.5 FTE positions with Limited Term positions will results in a onetime increase in cost of approximately $45,350. The limited term positions will terminate June 30, 2013. Initially all these changes will increase the department's allocations by five (5) positions until departmental recruitments can be conducted to fill the three (3) new regular-help vacancies. The existing contracting/procurement job classifications will be eliminated effective September 1, 2012, as specified in the FY 2012-13 Recommended Budget. (Human Resources) 36. Resolution Recognizing Retiring Table Mountain School Personnel - resolution in recognition and appreciation of the collective years of instruction provided to offenders inside the Butte County Juvenile Hall by Table Mountain School personnel. The retiring instructors are Ron Myers, Sally Shea, Sal Ramirez, Becky Brack, and Kim Agur. (Probation) 37. Linda Lewis - Epidemiology services are an essential component of the Butte County Public Health Emergency Preparedness Program. To fulfill the scope of work requirements for the program, a person trained in epidemiology must complete certain activities. Approval is requested for an agreement with Linda Lewis to provide these services. The term of the contract is July 1, 2012 through June 30, 2013. The maximum financial obligation under this agreement is $65,000 (recommended department budget utilizing state and federal funds). (Public Health) 38. Look Ahead Veterinary Hospital - Approval is requested for an agreement with Look Ahead Veterinary Hospital to provide boarding and medical services for large animals impounded by the Butte County Public Health Department. The term of the agreement is July 1, 2012 through June 30, 2013. The maximum financial obligation under this amendment is $32,500. (recommended department budget utilizing animal control license fees and other restricted Public Health funds). (Public Health) 39. Pavement Repair on Skyway Between Coutolenc and Nimshew Roads - Next year, Public Works Department will perform a chip seal on Skyway Road from Coutolenc Road to Nimshew Road. Skyway is a heavily traveled arterial road that is experiencing localized failures in the road surface. In order for next year's chip seal to be effective, these pavement failures must be repaired by digging or grinding out the failed sections of the road and repaving the excavated areas with new asphaltic concrete. Public Works has determined that this work can be most efficiently done by a private contractor. The estimates the cost of this work is $300,000. Project plans and specifications are available for review at Butte County Public Works. (Public Works) 40. Award of Contract: Construction of Landfill Gas Wells at Neal Road Recycling and Waste Facility, Project #757-5983 - At its February 28, 2012 meeting, the Board authorized staff to advertise for bids to construct gas collection wells in the active area of the landfill to comply with California Air Resources Board's AB 32 Landfill Methane Rule. Previous to the implementation of the AB 32 Landfill Methane Rule, surface emissions monitoring for methane was not required in the active area of the landfill. Sampling in the active area suggests that surface emissions may be detected above the new compliance threshold. Accordingly, installation of gas collection wells is necessary to control landfill gas migration. Though this is a project to comply with State regulations, there is a side benefit of providing additional PAGE 11 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 landfill gas for the energy facility. On April 18, 2012, staff released a Request for Bids. On May 11, 2012, five bids were received and opened. SCS Field Services' bid of $141,800 was determined to be the lowest responsible bid. SCS Field Services? bid was 15.28% above the Engineer's estimate of $123,000. Bids ranged from a low of $141,800 to $191,500 (15.28% to 55.69% above estimate). LFG Control Corporation filed a protest against awarding the contract to SCS Field Services. The Director of Public Works considered LFG Control Corporation's concerns, asked SCS Field Services for clarifying information, and issued a written decision rejecting the protest. (Public Works) 41. Contract Change Order No. 1 for the Seismic Retrofit of Ord Ferry Road Bridge across Sacramento River- The Seismic Retrofit of the Ord Ferry Bridge across the Sacramento River project contract includes the required special provision for training. This federal training special provision is used on federally funded projects that are of sufficient size and duration to support "on the job" training to develop full journeymen in the various types of trades or job classifications involved in the project. For these contractors training efforts, they are eligible to request and receive $0.80/hr for trainee participation in an approved equal employment opportunity affirmative action training program. This Contract Change Order No. 1 will reimburse the contractor at the rate of$0.80/hr per the Federal Training requirements. (Public Works) 42. Contract for the County Center Drive Roadway Repair and Bus Stop Improvement Project, County Project No. 29485A-2012-1 - Public Works has prepared plans and specifications for the County Center Drive Roadway Repair and Bus Stop Improvement Project. County Center drive is subject to heavy bus use and other vehicular traffic that has damaged the roadway. This contract will replace the asphalt surfacing in the bus turnout areas with concrete, as well as dig out and replace many of the failed asphalt sections on County Center Drive with new asphalt concrete. Later this summer, Public Works crews will place a cape seal on County Center Drive which is a chip seal on the roadway followed by a slurry seal. 5 bids were received and opened on May 22, 2012 for the project. The lower bidder was Franklin Construction, Inc. of Chico, CA. The low bid amount was $120,700. The bid amount from Franklin Construction, Inc. was 0.33% above the engineer's estimate of $120,300. Bid procedures were in accordance with Public Contract Code Section 2200 et. seq. 43. County Service Area 14 (Chapman Lighting) - Public Works and PG&E Project Adding Additional 17 LED Street Lights and Converting Existing Lights to LED - At the request of community members within County Service Area (CSA) 14, in the Chapman area of Chico, 17 new streetlights are to be installed on existing PG&E poles. Public Works has determined that the new lights, as well as the existing 33 sodium vapor street lights within CSA 14, should be LED lights. This will make the lighting effects consistent within the community and save on monthly billing charges because LED lights use less energy and have a lower monthly charge rate from PG&E. Public Works also recommends that all the mast arms for each light be 6 feet in length instead of PG&E's standard length of 30 inches. This will move the street lights out over the roadway to provide better and safer lighting. PG&E has also informed Public Works that two lights within the CSA are currently being paid by two separate parcel owners. Public Works recommends transferring the billing responsibility of those two street lights to CSA 14. Approval is requested for a related budget adjustment in the amount of $35,000 (CSA 14 fund balance). (Public Works) 44. The Superior Court of California, County of Butte - In FY 2012-13, the Sheriff's Office will provide all PAGE 12 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 security functions in Butte County Superior Courts. Pursuant to the 2011 Realignment Act (AB118), the majority of security funding was removed from the Court's budget and allocated directly from the State of California Controller to the County Trial Court Security Account (TCSA). Commencing July 1, 2012, all security funding will be allocated directly to the TCSA by the State and from there directly to the Sheriff, bypassing the local Court. In conjunction with this AB 118 funding realignment, all responsibility for security staffing will fall with the Sheriff and the Court will discontinue the Court-funded Court Attendant classification. The Sheriff's Office has been working on a transition plan since January and recently agreed to a Memorandum of Understanding (MOU) with the Courts. The MOU stipulates funding for Security Officer positions filled between April 1, 2012 and June 30, 2012 with the Court reimbursing the Sheriff's Office for salary and benefit, uniform and equipment costs associated with the new positions. In anticipation of this change, on January 24, 2012, the Board approved the addition of a Security Officer position classification to take the place of the Court Attendant positions, and approved one position allocation to the Sheriff's Office. The Sheriff will need a total of 8 Security Officers and is requesting to add the 7 additional Security Officer positions to facilitate a smoother transition of services (action contained in the Human Resources agenda item). All positions are funded in FY 2012-13 budget, but the Sheriff will need appropriations to fund April 4, 2012 through June 30, 2012, funded by the Court through this MOU. (Sheriff-Coroner) 45. Reappointments to Kimshew Cemetery District -At the request of the Trustees of the District, reappoint Alvyn Gaither,Art Messenger, and Bill Muhl as Trustees to terms to end July 1, 2016. (Other Agencies) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE CORRECTION TO ITEM 3.35 AND WITH ITEMS 3.19 AND 3.46 REMOVED FOR DISCUSSION. (MOTION:YAMAGUCHI; SECOND: KIRK) VOTE: Motion APPROVED 5 -0 1212-003 Resolution to Promote Workers' Compensation Coverage/Pilot Program - At the July 26, 2011 meeting, the Board heard testimony from local contractors, the State Contractors License Board, the California Professional Association of Specialty Contractors, and the National Plasters Council regarding the loss of revenue associated with the "under-ground economy" of unlicensed and semi- licensed contractors performing work without permits or under-cutting other contractors by foregoing required Workers' Compensation coverage. In addition, the liabilities of fraudulent representation, worker injury, material and labor costs unpaid by contractor, licensing requirements, and employers tax were addressed. The Board voted to support adherence to Workers? Compensation laws, which protect the contractor, owner/builder, construction workers and promote a level-playing field for fair bidding of jobs by enacting a pilot program for pool and roofing permits and permitting requirements for re-plastering of pools. This pilot program was adopted by resolution (# 11-085) at the August 9, 2011 Board of Supervisors meeting to run for twelve months. Staff recommends extending the Board resolution to promote Workers' Compensation coverage/pilot program for three more years with a new termination date of December 31, 2015 to provide an established evaluation period on these seasonal type permits (re-roofs, re-plaster, pools, and etc.) associated to this pilot program. (Development Services) PAGE 13 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. SUPERVISOR CONNELLY RECUSED HIMSELF FROM THIS ITEM AND LEFT THE BOARD ROOM. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND NANCY SPRINGER, BUILDING MANAGER PROVIDED A REPORTTO THE BOARD. A REPRESENTATIVE FROM THE STATE OF CALIFORNIA CONTRACTORS LICENSE BOARD PROVIDED A REPORT. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: RICK CLEMENTS. MOTION: I MOVE TO CONTINUE THE PROGRAM UNDER THE CURRENT RESOLUTION ADOPTED ON AUGUST 9, 2011. (MOTION: YAMAGUCHI; SECOND: WAHL) VOTE: Motion carried 4-0 YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Kirk, Supervisor Yamaguchi RECUSED: Supervisor Connelly 1212-004 Final Draft of the Delta Plan - The Delta Stewardship Council (DSC) is charged through the Delta Reform Act of 2009 to develop the Delta Plan. On November 4, 2011, the DSC released the Draft Environmental Impact Report (DEIR) based on its 5th Staff Draft Delta Plan. The DSC is intending to finalize the Delta Plan and the Environmental Impact Report in a few months. The Delta Plan is a strategic document that includes legally enforceable policies, strategies and actions within the Delta to further advance the "coequal goals of providing a more reliable water supply for California and protecting, restoring and enhancing the Delta ecosystem." According to the Delta Reform Act, the Delta Plan was limited to address defined "covered actions" that will "occur, in whole or part, within the boundaries of the Delta or Suisan Marsh." On May 14th, the DSC released the Final Staff Draft Delta Plan. The Final Draft Delta Plan and the DEIR remain inconsistent, incomplete and flawed. The Final Staff Draft Delta Plan includes vague language and specific policies that could lead to having the northern Delta watershed responsible for providing increase flows to the Delta. The Final Draft Plan includes an unauthorized expansion of its scope, would undermine regional water supply sustainability and would redirect impacts to the Delta watershed. Enforceable actions outside of the Delta are not authorized by statute but the recommendations in the Delta Plan provide direction to the regulatory agencies. The DSC has scheduled to meet on June 14 and 15 to discuss the Final Staff Draft Plan. The perspective of the Butte County Board of Supervisors will be important to submit to the DSC in advance of their meeting. PAUL GOSSELIN, DIRECTOR OF WATER PROVIDED A REPORT ON THE AMENDMENTS TO THE LETTER. MOTION: I MOVE TO APPROVE THE SUBMISSION OF THE AMENDED LETTER AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: WAHL; SECOND:YAMAGUCHI) PAGE 14 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 VOTE: Motion APPROVED 5—0 PUBLIC HEARINGS AND TIMED ITEMS 1212-005 9:25 a.m. - Timed Item - Resolution Accepting Donation from the Oroville Veterans Memorial Park Committee and Award of Contract for Pre-Construction Work Associated with a Congestion Mitigation and Air Quality Grant (CMAQ) - Earlier this year, the County applied for a $600,000 CMAQ grant for the construction of two park and ride lots on the County owned parcels adjacent to the Oroville Veterans Memorial Hall on Montgomery Street.The project has now been placed on the Butte County Association of Governments (BCAG) approved project list. Once constructed, this project will provide a safe and effective location for citizens to carpool and utilize local transportation options such as the B-line bus system. Additionally, construction of the park and ride lots will provide significant benefit to the Oroville Veterans Memorial Hall, improve parking for local community events and will include infrastructure, such as lighting and landscaping that will benefit the future Oroville Veterans Memorial Park for all of Butte County. To utilize the CMAQ grant funds that will become available in November of this year, approximately $40,000 in pre-construction design and environmental work must be completed first. The Oroville Veterans Memorial Park Committee offered a $20,000 donation to help facilitate the pre-construction work. The donation and an additional $20,000 from the General Services operating budget, necessary to complete the pre-construction work, will be included in adjustments to the FY 2012-13 Recommended Budget (Schedule A). In addition, staff is requesting the approval of a contract with Northstar Engineering, with an effective date of July 1, 2012 and totaling $33,836 for the initial phase of the planned pre-construction work. (General Services) DENNIS SCHMIDT, ASSISTANT DIRECTOR OF GENERAL SERVICES,PROVIDED A REPORT TO THE BOARD. STU SHANER ADDRESSED THE BOARD. MOTION: I MOVE TO: 1)ACCEPT DONATION OF$20,000; 2)ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN;AND 3)APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (MOTION: CONNELLY; SECOND: WAHL) VOTE: Motion APPROVED 5 -0 1212-006 9:30 a.m. - Timed Item - Disbursement of the Lime Saddle Trust Fund - On September 28, 1999, the Board of Supervisors voted unanimously to approve Resolution 99-141 dissolving the Lime Saddle Community Services District (District) subject to confirmation of the voters within the District. Per Resolution 98-161, a trust account was set up through the County for the protection of the assets of the District. The recommendation includes payments to the California Public Utilities Commission in the amount of$1,073,907.66 from the Lime Saddle Trust Fund to benefit the ratepayers of the District PAGE 15 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 and to transfer the remainder of the balance ($119,232.07) to the General Fund for the reimbursement of County's legal, administrative, and staff time. The recommendations for disbursement of the assets by staff are consistent with past actions by the Board, including Resolution 08-143, which outlines the recommendations for disbursement brought forward by the Water Commission and previously approved by the Board. (Water and Resource Conservation) PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION, AND VICKIE NEWLIN, ASSISTANT DIRECTOR, PROVIDED A REPORT. SUE SEROPIAN ADDRESSED THE BOARD. MOTION: I MOVE TO: 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) DIRECT THE AUDITOR-CONTROLLER TO CLOSE OUT THE LIME SADDLE TRUST FUND (RESTRICTED CASH ACCOUNT 10114901) AND MOVE ALL CASH BALANCES TO GENERAL FUND OPERATING CASH EFFECTIVE JULY 1, 2012 TO MAKE PAYMENTS TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION AND TO REIMBURSE THE COUNTY FOR LEGAL, ADMINISTRATIVE, AND OTHER STAFF TIME. (MOTION: YAMAGUCHI; SECOND: KIRK ) VOTE: Motion APPROVED 5 -0 1212-007 9:45 a.m. - Timed Item - Oroville Government Center Campus Design Update - The Oroville Government Center Campus Master Plan is part of the Capital Improvement Program (CIP). On May 24, 2011, the Board of Supervisors awarded a contract for the design of the Oroville Government Center Campus to LPA, Incorporated. After considerable study, the conceptual plans and related design guidelines are ready for review by the Board. In addition to providing the Oroville Government Center Campus Master Plan, LPA will provide an overview of the process used in the design work and the current status of the design effort. Staff requests Board direction and feedback on the plans and guidelines and will return at a future meeting for adoption of a Master Plan. (General Services) GRANT HUNSICKER, DIRECTOR OF GENERAL SERVICES PROVIDED A REPORT. MR. SULLIVAN, A CONSULTANT WITH LPA, INC. PROVIDED AN OVERVIEW OF THE PROJECT. DAN LEVINE AND BECKY BARNES BOER ADDRESSED THE BOARD. THIS ITEM WAS ACCEPTED FOR INFORMATION. THERE WAS NO FORMAL ACTION TAKEN. REGULAR AGENDA 1212-008 Boards, Commissions and Committees 1. Appointments to Listed Vacancies (NONE) PAGE 16 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 2. Board Member or Committee Reports SUPERVISOR KIRK REPORTED ATTENDANCE AT THE PEACE OFFICER OF THE YEAR AWARDS. 1212-009 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT TO THE BOARD. 1. Discussion of the June 5, 2012 Primary Election Results, including Measure A-action requested - ACCEPT FOR INFORMATION; AND PROVIDE DIRECTION TO STAFF. PAUL HAHN PROVIDED A REPORT REGARDING THE JUNE 5, 2012 ELECTION. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: RICHARD TOGNOLI; DAN LEVINE; DAISY BROWN; AND SHIRLEY REES. REGARDING MEASURE A:THE BOARD DIRECTED THE CHIEF ADMINISTRATIVE OFFICER TO LOOK AT OPTIONS OF HOW TO MOVE FORWARD WITH A PROCESS IN WHICH COUNTY STAFF AND MEMBERS OF THE PUBLIC FROM BOTH SIDES OF THE ISSUE CAN BEGIN TO RE-WRITE A SUBSTANTIALLY DIFFERENT ORDINANCE THAN THE MARIJUANA CULTIVATION ORDINANCE THAT WAS ADOPTED IN 2011 AND TO LOOK AT DIFFERENT OPTIONS THAT CAN BE IMPLEMENTED CURRENTLY REGARDING ENFORCEMENT AND PUBLIC NUISANCES.THE BOARD DIRECTED THIS RECOMMENDATION COME BACK AT THE JULY 31, 2012 MEETING. 1212-010 General Plan Follow-Up and Implementation by Director of Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT. DAN BREEDON, PRINCIPAL PLANNER WITH DEVELOPMENT SERVICES, PROVIDED A REPORT ON GROUNDWATER RECHARGE AREAS.THIS WAS THE SAME REPORT PROVIDED TO THE WATER COMMISSION ATTHEIR LAST MEETING. 1212-011 Annexation Policy Discussion - Recently there has been much discussion around the topic of annexation, primarily in Oroville and Chico. In order to guide present and future annexation discussions with the cities and Local Area Formation Commission (LAFCo), Supervisor Connelly is interested in having the Board of Supervisors discuss the concept of the adoption of a general annexation policy statement. An example of such a statement is: "Butte County supports annexation of residential urban areas contiguous to or surrounded by incorporated cities or towns. Such annexations should be subject to assurances that the County's fiscal position is protected." (Supervisor Connelly) PAGE 17 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 SUPERVISOR CONNELLY PROVIDED A REPORT. MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: CONNELLY; SECOND:WAHL) VOTE: Motion APPROVED 5 -0 1212-012 Butte County Fiscal Year 2012-13 Recommended Budget-The FY 2012-13 Recommended Budget serves as the basis for budget hearings on June 26, 2012 and as the authority for continuing county expenditures until the Adopted Budget is approved. Approval of the fiscal year Adopted Budget is scheduled for July 31, 2012. (Administration) PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. MOTION: I MOVE TO ACCEPT THE BUDGET PHYSICALLY AND ACCEPT IT AS THE BASIS FOR DISCUSSION IN TWO WEEKS HENCE, BUT NO MORE THAN THAT. (MOTION: WAHL; SECOND: KIRK) VOTE: Motion APPROVED 5 -0 1212-013 Comprehensive Economic Development Strategy Project Priority List 2012 - 2013 - The Economic Development Administration (EDA) requires the 3CORE Economic Development District to complete a five-year planning document, the Comprehensive Economic Development Strategy (CEDS), in order to guide regional economic development efforts. 3CORE utilizes the CEDS to identify and prioritize public works and other economic development projects within the District for their member jurisdictions. Part of the CEDS document includes a list of priority economic development projects for each 3CORE member jurisdiction. "Priority A" projects include those projects that are proposed to move forward in the near term, "Priority B" projects include those that are proposed to move forward within the next five years, and "Priority C' projects include those projects that are likely to move forward sometime in the future. Taking into consideration the EDA's Investment Guidelines, and the 2011-2012 approved Butte County CEDS priority project list, staff is recommending a 2012-2013 priority project list for approval. When developing the priority project list, staff took into consideration the General Plan 2030 document, the County's Capital Improvement Program, and the Butte County Regional Economic Development Strategy. Once approved, 3CORE will work with the County to pursue funding to assist in meeting the County's project priority goals. JENNIFER MACARTHY, MANAGER OF ECONOMIC AND COMMUNITY DEVELOPMENT, PROVIDED A REPORT TO THE BOARD. MOTION: I MOVE TO APPROVE THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY 2012 - 2013 PRIORITY PROJECT LIST WITH THE ADDITION OF THE CLIMATE ACTION PLAN FOR THE GENERAL PLAN 2030 UNDER PRIORITY B AND THE EATON ROAD BYPASS UNDER PRIORITY A; AND DIRECT STAFF TO FORWARD TO 3CORE FOR INCLUSION INTO THE CEDS DOCUMENT. (MOTION: YAMAGUCHI; SECOND: PAGE 18 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 WAHL) VOTE: Motion APPROVED 5 -0 1212-014 Proposed Ordinance Amending Butte County Code, Chapter 31, "Solid Waste Collection, Management and Recycling" - Assembly Bill 341 was signed on October 6, 2011 enacting a statewide program to reduce greenhouse gas emissions by diverting a portion of commercially generated solid waste from landfills. According to a 2008 study, the commercial sector generates approximately 68% of the solid waste disposed of in California, which contains a high percentage of recyclable materials. AB 341 requires businesses generating four or more cubic yards of solid waste per week and multi-family complexes of five or more units to recycle. The law also requires waste collection companies to promote and provide recycling opportunities to these customers. AB 341 requires local government to monitor the implementation of the commercial solid waste recycling program which includes education, outreach, and participation "that is appropriate for the jurisdiction" allowing some flexibility for local government to revise requirements for rural areas. The proposed amendments to the Butte County Code, Chapter 31, "Solid Waste Collection, Management and Recycling" will bring Butte County in compliance with AB 341. (Public Works) STEVE RODOWICK FROM PUBLIC WORKS ADDRESSED THE BOARD. MOTION: I MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE. (MOTION: KIRK; SECOND:YAMAGUCHI ) VOTE: Motion carried 4- 1 YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Yamaguchi NAY: Supervisor Wahl 1212-015 PUBLIC COMMENT (each speaker limited to five minutes) WENDELL VALENTINE ADDRESSED THE BOARD. HE PROVIDED EACH BOARD MEMBER WITH A FREE OROVILLE MIRROR. DOUG TEETER ADDRESSED THE BOARD. PAGE 19 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 6/12/2012 1212-016 CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES& BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA, DSA- MANAGEMENT/SUPERVISORY UNIT, DSA-GENERAL UNIT, BCCOA-SUPERVISORY UNIT, BCCOA-GENERAL UNIT. 2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT/GOALS PURSUANT TO GOVERNMENT CODE SECTION 54957: LIBRARY DIRECTOR 3. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 3 CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE NO. 016338; AND 3. COUNTY OF BUTTE, COUNTY OF PLUMAS V. DEPARTMENT OF WATER RESOURCES,YOLO CO. SUP. CT CASE NO: CV09-1258. THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION. THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD THE MEETING WAS ADJOURNED AND WILL RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD ON JUNE 26, 2012. PAGE 20